Sustainable Tourism Law

TOURISM AND HERITAGE:THE ROLE OF THE WIDESPREAD HOTEL 137 this happening. In this regard, the (increasingly wider) regulation of tourism can also be found, in addition to the Community Treaties and the Nice Charter of Fundamental Rights, in state and regional law 1 . However, this heritage, whether natural, artistic, historical or cultural, remains the centre of gravity of every local context, on which tourism gravitates and develops all its facets. It represents through its own characteristics an essential element of all the activities related to its offer while favouring the presentation of the many cultural and landscape traditions of each destination area. Taking this into consideration, the need arises for local development policies to encourage knowledge of small-scale realities so that the beneficial effects of promotion and enhancement can extend to the care applied to the urban plan by providing (within forms of public and/or private management) the renovation of buildings and the valorisation of natural areas, which can create an ever greater attractiveness for the various categories of tourists when they decide 1 Community action in the field of tourism aims at “ sustainable development ”, which tends to promote and stimulate tourism activities and services while improving cultural diversity and preserving the integrity of the territory. Article. 2, point E., of the Treaty of Lisbon, amending the Treaty on the European Union and the Treaty establishing the European Communities, in force since January 2009, foresees for art. 2, n. 3: “ sustainable development of Europe, based on balanced economic growth and a high level of protection and improvement of the quality of the environmen t”. In the general provisions on the external action of the European Union, Article 10 foresees in point F the “sustainable management of world natural resources in order to ensure sustainable development”. Tourism is expressly indicated in point D of the Article 2, among the areas of action to support, coordinate or complement the action of member states. Title XXI, called “Tourism”, Article 176 B, enumerates the aims and measures of Community action in the tourism sector. Cf. G. PERONI, Nuovo slancio al turismo europeo dopo l’adozione del Trattato di Lisbona e dell’Agenda per un turismo sostenibile e competitivo , in Annali italiani del turismo internazionale , 2007, 5-23. Of the vast literature of sustainable tourism, cf., lastly, C. NOTARSTEFANO, Genesi, evoluzione giuridica e orientamenti comunitari del turismo sostenibile , Bari 2007. As far as the Italian legislation in force is concerned, see Law no. 135 (Reform of National Tourism Law) and Prime Ministerial Decree 13 September 2002 (Implementation of the Agreement between the State, regions and autonomous provinces on the principles for the harmonization, valorisation and development of the tourist system) implementation.. Cf. C. CARDONI , Riforma del Titolo V “Turismo e Regioni” , in Giorn. dir. amm ., 2004, 1330; M. RENNA, La nuova legge quadro sul turismo: lo Stato ritorna protagonista , ivi , 2001, 1196 ss; the Constitutional Court, intervening in relation to appeals proposed by some regions, on alleged constitutional illegitimacy of Law n. 135, cited , confirmed the validity of the Tourism Reform Law, pointing out that the new competences of the regions do not require protection against national legislation, but rather an intervention of the regional legislature which may replace the state law. Cf. Constitutional Court June 5, 2003 n. 197, in Dir. tur ., 2003, 368 ss., with a note of G. MELONI, La legge quadro non minaccia la competenza piena delle regioni nella materia del turismo . The aforementioned exclusive competence of the regions in tourism following the amendment of Title V of the Constitution, as a matter not expressly indicated in Art. 117 of the constitution, including those of the exclusive competence of the state or the concurrent State-region, cf. M. MALO, Il sistema delle fonti , in Manuale di diritto del turismo diretto da Franceschelli e Morand i, 3° ed., Torino 2007, 4 ss.